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Many theories and propositions have been advanced on the tacit assumption that international law encompasses the protection of human rights. Very few, if any, question the validity of this position. Here is a book that does.
Theory and Reality in the International Protection of Human Rights presents a defense of the traditional theory of international law-based on a decentralized nation-state system of international relation—as being more appropriate for the analysis of its subject than more recent variants that allow for supranational redress at an increasingly personal level. In particular, Professor Watson shows how the proponents of the international human rights regime persistently use a legislative mode of reasoning, and how international law cannot sustain this technique. He holds that violation of the right to life is best adjudicated within a customary system, and concludes that the validity of the norms of international human rights has yet to be demonstrated.
Published under the Transnational Publishers imprint.
Theory and Reality in the International Protection of Human Rights presents a defense of the traditional theory of international law-based on a decentralized nation-state system of international relation—as being more appropriate for the analysis of its subject than more recent variants that allow for supranational redress at an increasingly personal level. In particular, Professor Watson shows how the proponents of the international human rights regime persistently use a legislative mode of reasoning, and how international law cannot sustain this technique. He holds that violation of the right to life is best adjudicated within a customary system, and concludes that the validity of the norms of international human rights has yet to be demonstrated.
Published under the Transnational Publishers imprint.
Price: $217.00
Pages: 340
Publisher: Brill
Imprint: Brill | Nijhoff
Publication Date:
01 March 1999
ISBN: 9781571050977
Format: Hardcover
For many years proponents of “human rights” have tried to convince statesmen that the moral imperatives that underlie the concept of “human rights” require enforcement by international legal order. But statesmen of sound moral convictions and humanitarian bent seem more inclined to use polemics to condemn the trespasses of others than to support the international institutions that might really transfer the moral imperatives into “law.” In this book, Professor Watson clearly and forcefully explains why.
Alfred P. Rubin,
Fletcher School of Law and Diplomacy
Alfred P. Rubin,
Fletcher School of Law and Diplomacy
J. Shand Watson is Professor of Law at Mercer University.